WHATSMINE APP “NYNY: FITNESS” PROMOTION – BLANKET
Information on how to enter and prizes form part of these Terms and Conditions. Participation in this “NYNY: Fitness” Promotion (“Promotion”) is deemed acceptance of these Terms and Conditions. All times stipulated in these Terms and Conditions are based on Australian Eastern Daylight Savings Time (AEDST).
ELIGIBILITY
2. Entry is only open to Australian residents aged 18 years or over.
3. The following are ineligible: (i) employees of the Promoter, the Scentre Group or any of the Promoter’s agencies or authorised partners (“Partners”) that are associated with the Promotion; (ii) the spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of an excluded employee; and (iii) any person who the Promoter has previously notified is not permitted to enter the Promoter’s promotions.
PROMOTION PERIOD
4. This Promotion commences on 09/01/2020 and ends at 11:59pm on 15/01/2020 (“Promotion Period”).
HOW TO ENTER
5. To be eligible to enter, individuals must download the WhatsMine App (if not done so already) and click on the promotional banner that features this promotion, indicating that they would like to enter the draw. Individuals must be logged in to the WhatsMine App to submit an entry. If the individual is not logged in or they do not have an account, they must first log in and/or register for an account to submit their entry.
6. Only one (1) entry is permitted per person.
DRAW DETAILS
7. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 at 11:00am AEDST on 16/01/2020. The Promoter reserves the right to draw reserves in case of an invalid entry or invalid entrant.
WINNER NOTIFICATION
8. The provisional winner will be notified in writing within two (2) business days of the draw. A provisional winner will only be deemed a winner once verified by the Promoter. Any ACT winner, SA winner of a prize valued at over $250 or any NSW winner of a prize valued at over $500 will have their name and postcode published online at https://www.whatsmineapp.com from 30/01/20.
PRIZES
9. The first valid entry randomly selected, from all valid entries received, will win the prize of a Health & Fitness Pack including:
1 x $150 Echt voucher
BellaBox 12-month 'Wellness' subscription valued at AUD$199.80
1 x $150 e-voucher from 180Nutrition
10. Any ancillary costs associated with redeeming a gift card/voucher are not included. Any unused balance of a gift card/voucher will not be awarded as cash. Redemption of a gift card/voucher is subject to any terms and conditions of the issuer including those specified on the gift card/voucher.
UNCLAIMED PRIZE DRAW
11. A draw for any prize, if unclaimed, may take place on 16/04/2020 at the same time and place as the original draw, subject to any written directions from a regulatory authority. The winner, if any, will be notified in writing within two (2) business days of the draw. Any ACT winner, SA winner of a prize valued at over $250 or any NSW winner of a prize valued at over $500 will have their name and postcode published online at https://www.whatsmineapp.com from 21/04/2020.
GENERAL
12. Incomplete, indecipherable or illegible entries will be deemed invalid.
13. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
14. If for any reason a winner does not take the prize or an element of the prize at the time stipulated, then the prize or that element of the prize will be forfeited and will not be redeemable for cash.
15. If any prize (or part of any prize) is unavailable due to reasons beyond the control of the Promoter, the Promoter its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
16. Total prize pool value is $499.80.
17. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
18. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
19. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
20. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority to modify, suspend, terminate or cancel the Promotion, as appropriate.
21. The Promoter’s decision is final and no correspondence will be entered into.
22. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and the Scentre Group of companies (including their respective officers, employees and agents) and Partners exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
23. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and the Scentre Group of companies (including their respective officers, employees and agents) and Partners are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or correspondence that is late, lost, altered, damaged or misdirected (whether received by the Promoter or not) due to any reason beyond the reasonable control of the Promoter; (d) any variation in the prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an entrant or winner; or (f) use of a prize.
PRIVACY
24. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to related entities, agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.whatsmineapp.com/privacy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter may disclose entrant’s personal information outside of Australia, please see the Privacy policy for more details.
25. The “Promoter” is WhatsMine Pty Limited (ABN 92 625 900 576) of Level 3, 28 Margaret Street, Sydney NSW 2000.
26. The “Scentre Group” means the Promoter, each of the Promoter’s related bodies corporate, each person with whom the Promoter or any of its related bodies corporate is in joint venture or partnership, and each entity, trust, partnership or fiduciary arrangement (including each managed investment scheme) of any nature of which the Promoter or any of its related bodies corporate has been, is or becomes the trustee, manager or responsible entity including, without limitation, the Scentre Group Trust 1, Scentre Group Trust 2, or Scentre Group Trust 3.
NSW Permit No. LTPM/19/05120. ACT Permit No. TP19/04672